Our BTM Lawyers personal injury team includes experienced ICBC lawyers for over 30 years. We service clients throughout BC, and in particular Port Moody, Coquitlam and Port Coquitlam. As your ICBC lawyer, we’re approachable and friendly as we’re actively involved in our community and our team lives in the Tri-Cities. Your ICBC lawyer will listen to your personal situation to guide you through the handling of your ICBC claim.
Here are some FAQs about claims in BC we often get from our clients.
You will be asked to be specific with the information you provide: dates, times, contacts and other information. Following your consultation if we represent your case as your ICBC lawyer, this will help us with our own investigation. This may include obtaining witness statements, hiring private investigators to gather statements and accident reconstruction engineers if liability, impact severity or accident details are unknown or are in dispute.
No, it would be illegal and “bad faith” for an ICBC adjuster to treat you differently or to minimize your benefits because you have retained an ICBC lawyer. Hiring a lawyer is not an aggressive act, but helps you to get informed about your legal rights and benefits. An experienced lawyer can also help you maximize compensation for pain and suffering or loss of enjoyment of life.
If I was partly or totally at fault, am I still entitled to ICBC benefits?
You most likely will still be entitled to a claim under the no-fault Part 7 Accident Benefits section of your own ICBC automobile insurance policy. ICBC must provide up to $150,000 in Part 7 medical and rehabilitation benefits. These include necessary medical, surgical, dental, hospital, ambulance or professional nursing services, or for necessary physical therapy, chiropractic treatment, occupational therapy or speech therapy or for prosthesis or orthosis.
The full amounts of these treatments are not always covered under Part 7. As ICBC will only pay for the primary costs of certain treatments and not the user fees under Part 7, an experienced ICBC lawyer can require your entire treatment costs, including user fees to be reimbursed to you from the at-fault driver policy. However, for qualifying retained clients, BTM Lawyers will fund treatment and pay treatment providers directly.
Part 7 Accident Benefits also provides disability coverage if you were working at the time of the accident and were totally disabled for more than 7 days and your disability started within 21 days of the accident if there is no other coverage. The amount payable is 75 per cent of your average gross weekly wage up to a maximum of $300 per week or $145 per week for homemakers. Part 7 benefits may include a Graduated Return to Work Program on case by case basis. For more details, visit BC Laws.
Your ICBC lawyer can help make sure your rights are protected during the claim process. Financial compensation may include general damages or non-pecuniary damages compensate pain and suffering, as well as loss of enjoyment. These damages are most often valued by what courts have awarded to similar people with similar injuries. Special damages or pecuniary damages refer to compensation calculated in monetary terms. Some of these heads of damages include past loss of income, future loss of income, future loss of income earning capacity, out of pocket expenses and cost of future care.
All drivers are legally required to have liability insurance in BC. You generally have two years to sue the at-fault driver in BC in most cases. The exception are minors and represented adults. The minimum third-party limits allowed for ICBC insurance is $200,000. We recommend that you consult an ICBC lawyer early while the accident is still fresh in people’s memories, and to secure the maximum recovery amount.
Anyone under the age of 19 is a minor and is called infant or minor claim. The Public Trustee acts for and administers the property of represented adults, minor children and deceased persons, when it is the most appropriate provider for support and protection. When an injury claim involving an infant is settled and approved by the Public Trustee and Guardian or their case goes to trial and compensation is awarded, the infant only receives money when they turn 19. Any settlement funds or trial judgement are held “in trust” by the Public Trustee and Guardian until the infant reaches the age of 19.
The initial consultation to discuss your motor vehicle accident claim with our ICBC lawyer is free. If there is a mutual fit and agreement, we can represent you on a contingency fee, which means our legal fees and disbursements are paid from the settlement of your claim. We also offer hourly billing options for personal injury claims, and we are happy to explain the differences so you can decide what works best for your situation.
Personal Injury Team
Grant practices primarily in the areas of personal injury, employment law, and commercial litigation including foreclosures and collections.
Daniel practices primarily in the areas of personal injury, construction, and general civil litigation. He is also the firm’s Managing Partner.